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Just filed for TDIU, should I be worried? Am I gonna die?

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snow1wave

Question

So I meet all the requirements, I have a service connected social anxiety disorder rated at 70%. Due to that, I am unable to work in around people, without severe symptoms. I have not worked in over 2 years leaving my last job due to social anxiety. I filled out the two forms and mailed it today. Should I have any worry about the next few steps? 

What i've read may or may not have to do another c&p, and it should be an open and shut case, because I match every requirement.  What do you guys think, would I be an open and shut case, or will this be a long and drawn out fight? Also, is there a back pay for tdiu?

 

Thanks in advance bros!

Edited by snow1wave
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Do you have both of these?

1. evidence of unemployment due to service-connected conditions, employment history records for example, and

2. medical evidence that the veteran’s service-connected condition renders him or her totally disabled and unemployable, generally a doctor’s opinion letter.

Because the VA is the VA, it will most like want it's own C&P. 

Prepare for a fight?  One never knows.  It will depend on the rater.  Since you already have it as SC at 70%, if you do have 1 & 2 above as well and with a C&P, it should be a done deal. But again the VA....

I was shot in the leg in 2001.  Broken femur with a rod inside the bone, held with four screws.  The bone is 2cm shorter than the other.  A weakened and atrophied muscle.  I was given a 0% rating in 2009.  So, yes, the VA is the VA....  Although the VA finally acknowledge it last year, the EED was not given.  It's a fight.

What seems easy and correct and with common sense does not work with the VA.

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Do you receive SSDI ,and if so is it solely for the social anxiety?

SSDI awards contain an independent medical opinion.

If so did you tell them that on the TDIU form?

Has VA VocRehab ever turned you down (in documentation) that because of your SC, Voc Rehab is not feasible?

If a veteran is denied Voc Rehab  solely due to their SC, then they are unemployable because they are unrehabable.

When you reached the 70%, did the VA make any statement regarding TDIU consideration  and send you the TDIU form? OR were you employed at that time?

Edited by Berta
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The single most important issue to be awarded TDIU:

Did your doc say in his reports you are unable to maintain SGE due to SC condition(s)?  While I dont like to be the "bearer of bad news", I think you are better off knowing, from the get go, this could be a long fight.  Otherwise, Vets often cling to a false hope of getting their 100 percent in 3 months, and then wind up in 10 years of appeals very disappointed, thinking "something is wrong with ME".

Make no mistake:  The VA doesnt have "slam dunks".  Yes, I thought mine was a slam dunk, also, and about 15  years later, along with "the fight of my life" with VA, (4 Trips to the BVA, 3 trips to CAVC, 3 lawyers) I finally got it.  Almost everyone who wins 100 percent at VA does so only after a long, drawn out fight and multiple appeals.  I only met "ONE" Veteran who got their 100 percent in a few weeks or months on the first VARO decision, and I have spoke or met with hundreds.  Hers was a sexual assault in the military, but those can also be even worse, as they tend to get "covered up".  

VA raters would rather get a root canal than grant TDIU "slam dunk". 

Often, it ALSO requires a Voc Rehab Assesment, to determine if you can not do "any" job, not just your present job.  Yea, I get it, you would likely have anxiety at any job not just your job.  

However, your opinion is often not enough.  This would need to be documented with a voc rehab assement; it may include the feasability of you being trained for another job with less anxiety, tho "I" cant realy think of an example of a "low anxiety job".  Possibly a computer programmer, where you dont WORK with others, if its other people you dont get along with.  Now, not everyone can be a computer programmer.  A Voc rehab assessment may demonstrate whether or not you are a good candidate for retraining in some field that does not require a lot of human to human contact, to easy your anxiety.  

Edited by broncovet
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Regarding your question:

Quote

Am I gonna Die?

Well, yes, 100 percent of humans will die.  Dont dispair, tho.  "LIVE" until then, but be ready for it.  Ways to prepare:

1.  Get right with your maker, which often means getting right with his "other" children.  Forgive everyone who ever wronged you and mean it.  

This includes your ex's, family, ex friends, enemies etc.  Forgive yourself, also and ask for his forgiveness.  

2.  Tell people you love em.  I wrote a letter to my Mom, and gave her a million dollar check, writing in "a million dollars worth of love".  She kept that check in her Bible, and I found it after she passed about 20 years later.  I told her to call me before she cashes the check.  She called me, but never to cash the check, thank God, as it would never clear the bank.  

3.  "Wrong" no one, but be a blessing to everyone.  Think of ways/and who you can be a blessing for each day.  Dwell on it.  Little things mean a lot.  You can count up your wealth in heaven by counting how many people you helped on earth.  

4.  If you try to make yourself happy, you wont succeed.  Someone else will always have a bigger boat, faster car, more luxurious home. Instead, make others happy by giving of yourself, your time, and, yes, your money, sometimes.  

     My opinion is if you do these things, you will live happy, sleep well, and be ready for him.  

Edited by broncovet
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snow1wave

I Wish you had come to hadit before you sent your claim off to the VA  the members here can help  as in all the above post  some great information,

IF You had a VSO that is experienced then you may have a good chance, but if you sent your claim off with just the medical evidence that  got you the 70% I doubt very much they will approve you for the IU

IU is given to the Veteran with a lesser rating of 100% but can't work due to his sc disability, and they have strict guidelines for the IU &  If you read them and followed them then you might be ok??

Since you already filed your IU Claim you may need to wait for a decision. unless they send you a letter wanting more medical evidence?

(then come back here to hadit and members here can advise you.)

 For the  VA to render a decision  they  MOST LIKELY will just send you to a Comp & Pension Exam and get the Dr report to make a decision.

TDIU IS MOST LIKELY HE HARDEST CLAIM  OTHER THAN CUE CLAIM...But with the correct evidence any claim can win.

About the only advice I can give you is see your Dr and get his medical opinion about your disability   is it a disability that will cause you to be unemployable? and why ?DID YOU APPLY FOR SSDI and win? again this can be used as evidence in receiving the VA  I.U.

  You have already established  service connection for your S.C. disability but you will need a Dr. to state you can't do any type of work due to your 70% service connected disability and give good reason why. AND ANY INFORMATION FROM A DR ABOUT YOUR  S.C. DISABILITY IN YOUR FAVOR FOR THE IU.

Most of us Veterans that have been awarded the IU have been in Voc Rehab /VR&E

   to see if they can find you  job  if they can't due to your s.c. disability  then either your counselor will write you a letter telling about your rehab and dismissing you from the program because its not feasible to retrain you at this time due to your s.c. disability or he won't ?

so if your ever in the VA-VOC-Rehab program ,OR VR&E (Veteran Readiness and Employment (formerly called Vocational Rehabilitation and Employment) can help find a job  if not  then you may want to ask them to write you out a letter like this.  I never had to ask my counselor to do that  he did it on his own  and he sent me a copy. and I used it as just a part of my evidence for the IU  .BUT IT TAKES MORE THAN JUST THAT LETTER.

Unfortunately  from what your post mention  I doubt you will be approved for the IU   but maybe you will  if you sent in enough and the right medical evidence  then yes they might approve you.

if your denied just come back here  post a redacted copy of why they denied you  black out your name and personal information  claim # ect,,,ect,,and let some of these hadit members help you they all been there and know what it takes to win your claim.

or if you do win your IU claim come back and tell us about it.

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And yes if you win your IU claim they will be back pay  its Called retro payment  depending on how long it was that you filed the claim and when they make a decision  the date of the decision will or should go back to your filing date for the IU. or from the facts first found. Normally they go back to the date you first filed the I.U. claim.

The difference in your 70% to the 100% ALREADY PAID TO YOU but still be a sizeable amount.

But you can fight them on this if your S.C. Disability kept you from working and you have the medical evidence to prove it  when a Dr mention you could not do any type work due to your S.C. Disability.

if it takes 5 months to approve your claim for the IU then normally you get 5 months of retro payments. and all the benefits & more if they say your disability will not improve within your life time and no scheduled exams  and ChampVA for your spouse and children,& FREE 10.000 LIFE INSURANCE POLICY.

This means your more than likely TDIU P&T.

Edited by Buck52
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